LD 742
pg. 6
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LR 818
Item 1

 
The court, as part of the sentence, may prohibit the defendant
from owning, possessing or having on the defendant's premises an
animal for a period of time, up to and including permanent
relinquishment.__The court as part of the sentence may order that
the defendant be evaluated to determine the need for psychiatric or
psychological counseling and, if it is determined appropriate, the
court may order that the defendant receive psychiatric or
psychological counseling at the defendant's expense.

 
Sec. 20. 7 MRSA §4041, as amended by PL 1997, c. 690, §§47 to 49,
is further amended to read:

 
§4041. Animal trespass

 
1. Definitions. As used in this chapter, unless the context
otherwise indicates, the following terms have the following
meanings.

 
A. "Animal control officer" or "law enforcement officer"
means the animal control officer or law enforcement officer
having jurisdiction over the area in which the livestock
animal or domestic water fowl was found.

 
A-1. "Domestic water fowl" means domestic ducks, domestic
geese and other domestic water fowl.

 
B. "Livestock animal" means dairy, feeding, beef or breeding
cattle; horses; sheep; goats; donkeys; or swine

 
C. "Trespass" means that a livestock animal or domestic
water fowl of an owner or keeper has entered or been found
on the property of another person.

 
1-A.__Trespass.__An owner of an animal may not allow that
animal to enter onto the property of another after the owner has
been warned by a law enforcement officer or animal control
officer that that animal was found on the property of another.

 
2. Removal. The owner or keeper of a livestock an animal or
domestic water fowl is responsible, at the owner's or keeper's
expense, for removing any livestock animal or domestic water fowl
found trespassing. An animal control officer or law enforcement
officer may, at the owner's or keeper's expense, remove and
control a livestock an animal or domestic water fowl found
trespassing if:

 
A. The owner or keeper fails to remove the livestock animal or
domestic water fowl within 12 hours after having been


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